Same-Sex couples and issues of domestic violence in separation proceedings

Abstract

Domestic violence is silent, and often deadly. Advocacy has been successful in recent years to expose the unseen horrors associated with violence and abuse, and one cannot deny the strides made in an effort to campaign for female victims and their rights at law vis-à-vis their male abusers. This narrative has completely excluded the already marginalised LGBTIQ+ community, even though they experience domestic violence at an equal or the same rate as their heterosexual counterparts. This is further heightened when one considers that same-sex domestic violence presents unique dynamics experienced exclusively by this community, such as outing and trauma from previous hate crimes. In light of this, the author seeks to bring this complex issue to the forefront in a mature and structured discussion. The main scope of this work will be to focus primarily of LGBTIQ+ struggles in terms of domestic violence, the distinct subtleties between gay male and lesbian intimate partner violence, and the myths and misconceptions which are usually prevalent in discussions about same-sex domestic violence. Doing so will help set the backdrop to an examination of the local scenario which will focus on the relevant legal definitions, judicial analyses, and participant interviews. Comparisons will also be drawn between the legal frameworks of several European Union Member States, in order to achieve a fuller picture and a better sense of where Malta currently stands, especially in terms of progressive legislation. While we cannot ignore the valiant efforts made throughout the years that have significantly improved the livelihood of LGBTIQ+ individuals, there is still much room for improvement, especially from an implementation and procedural point of view; our progressive legislation is not yet being reflected in practice.